














































LECTURE 


AMERICAN 
CORRESPONDENCE SCHO< 
OF LAW 


CONSTITUTIONAL LAW 


CHARLES G. NEELY 
II 

EX-JUDGE OF THE CIRCUIT COURT OF 
COOK COUNTY, ILLINOIS 
AND LECTURER ON CONSTITUTIONAL LAW 





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American Correspondence School of Law 







BIOGRAPHICAL SKETCH 


OP . 

Hon. Charles G. Neely. 

Charles (1. Neely was born in Benton, Illinois, on the 
11th day of June, 1855, and was the son of Dr. I. M. 
Neely, a very eminent and distinguished citizen of Illinois, 
who became especially famous during the war. 

Judge Neely received his early education in the local 
schools of Benton and later graduated from the Uni¬ 
versity of Illinois, in 1880, of which institution as an 
alumnus, he has always been an enthusiastic supporter. 
In 1884 he was admited to the Bar and hegan the general 
practice of law, locating in the City of Chicago. 

Judge Neely from early youth, was gifted as a speaker 
and early developed the art of })ublic speaking. Three 
years after locating in Chicago, he was selected by his 
neighbors and friends and elected in 1887, as a member of 
the Illinois Legislature, where his services were especi¬ 
ally appreciated and valued as a member of fhe Judiciary 
(k)mmittee. Almost at the same time—he was singled 
out from the members of the Chicago Bar and ap})ointed 
Assistant Slate’s Attorney of Coolc County. His career 
as State’s xCttorney was most successful and he partici- 
jiated in some of the greatest criminal trials ever tried in 
C!ook County. He served in this capacity from 1887 to 
1892, when he was selected by the Bepublicans as their 
candidate for State’s Attorney. However, in the election 
which swept Illinois, carrying down every republican, he 
was defeated. Two years later he was again singled out 
by his friends and elected Judge of the Circuit Court, 

3 


4 


Lecture 


which position he held with great credit to himself for 
six years. 

During the period of all this work, Judge Neely, has 
been an indefatigable worker, and has appeared on the 
public platform many times as a lecturer and orator 
and for fifteen years has been a lecturer on ‘^Constitu¬ 
tional Law’^ and is probably one of fhe best posted men 
in the country on that subject. 

Judge Neely was married September 9th, 1880, has 
five children and lives at Evanston, Illinois. 


LECTURE 


By Charles G. Neely, Ex-Judge of the Circuit Court 
OF Cook County. 


Constitutional law teaches the principles of political 
government, the tlieory of the making and interpretation 
of constitutions, and declares the rules to be applied in 
construing the laws made under them. 

A constitution is the organic law of a state, which em- 
liodies the i)rinciples for its government, enumerates its 
powers, designates the persons to whom the powers are 
to be entrusted, and provides the way in which the powers 
shall be administered. 

The purpose of a constitution is to regulate the form of 
government, and to guarantee the liberties of the people. 

In the United States a constitution is unlike a statute in 
that a constitution is adopted by the whole people. A 
statute is enacted by the representatives of the people in 
the congress, or in the legislature; a constitution can be 
changed only by the whole people who are to be governed 
by it; a statute may be modified or repealed by a subse- 
(luent congress or legislature; a constitution proclaims 
the fundamental i)rinciples of the government; a statute 
prescribes a rule of conduct for the people. 

Constitutions are made not to create rights, but to pre¬ 
serve those already secured. 

A Bill of Rights is an enumeration in a constitution of 
the civil and political rights which it guarantees. 

A constitution contains two kinds of powers, enumer¬ 
ated or express ])owers, and implied powers. 

5 



6 


LecUire 


A state is sovereign when it makes and enforces obedi¬ 
ence to its laws - and commands. A state; is sovereign 
when it is independent of every other power, and has 
within itself all that is necessary to government, and when 
it can regnlate its internal affairs according to its own 
will. 

Sovereignty is the authority which creates and exer¬ 
cises the express and implied powers in a constitution. It 
is never delegated. The right to exercise it is. 

In the United States, under onr form of government, 
sovereignty resides with the ])eople. When- the ])eople 
elect a representative to congress, or to a state legisla¬ 
ture, they do not delegate to the rei)resentative, sover¬ 
eignty, l)nt the right to exercise it for them, for a period, 
and when his term of office expires they re-elect him, or 
elecf some other person and again delegate to the one 
elected the right to exercise sovereignty. Sovereignty 
remains always with the ])eople. it implies the power of 
a state to control and regnlate its affairs without the 
dictation of any other government; the right to receive 
recognition as an independent ])Ower; the right to make 
treaties; to declare war; to conclude ])eace; to send am- 
hassadoi's; and to do all other acts which a free state may 
do. The i*ight to legislate is an exercise of sovereign 
power. The enforcement by a state of obedience to its 
laws, is a manifestation of its sovereignty. 

The constitution of the United States was established 
by the ]:)eople; all authority springs from them. The con¬ 
stitution of each state in the American Union was made 
by the ])eople of each state. 

By the Declaration of Tnde])endence the ])eople of the 
United State committed themselves to the doctrine that 
government derives its just powers from the consent of 
the governed, and that in instituting a government the 
people should lay its foundations on such principles, and 
organize its powers in such form, as shall seem most 
likely to secure the safety and happiness of all the people. 


American Correspondemce School of Laiv 


7 


By the police i)ower is meant the inherent right of a 
state to make all needful laws and regulations to provide 
for the pul)lic safety, public morals, public health, and 
public comfort. 

Til American constitutional law the nation is spoken 
of with reference to the whole Union, while by a state is 
meant one of the members (composing the Union. 

As a ])rinci])le of constitutional law the officers of the 
government are not lial)le for acts preformed by them in 
the course of their imblic duties, at the suit of private 
persons. Nor can the acts of the congres'S or of legisla¬ 
tures be set aside by the courts, because such acts were 
l)rocnred by fraud or corruption, judges are not liable for 
their decisions at the suit of private })ersons. 

Wrongful legislation must be remedied by tlie ballot, 
the remedy for the abuse of power by the judges, is by 
their, impeachment. 

Executive officers are not liable at law for their acts 
in the ])erformance of their political duties. The courts 
can coni])el executive officers to perform only ministerial 
duties, involving rights which have already been deter¬ 
mined. 

When we say a law is constitutional, if it be an act of 
the congress, we mean it conforms to the federal consti¬ 
tution; if it be an act of a legislature we mean it conforms 
to the constitution of both tlie nation and the state. It 
is not accurate to speak of an ^ Uinconstitutional law’^ in 
this country. An enactment not in conformity to the con¬ 
stitution is not a law. 

Governments have been made in three ways. In the 
first method of making government one tribe overcame 
another by force, annexed it, but did not allow it any part 
in the government. 

The second method of making government was like the 
first, but advanced upon it by allowing the conquered 
tribe to participate in the government. The third way 
in which government has been made, is known as the 


8 


Lecture 


Eiiglisli nietliod, by wliicli all the people are allowed a 
share in its administration through representatives 
a|)pointed or elected to conduct its affairs. 

The government of the TTiiited States was made in con¬ 
formity to the representative idea. It is democratic in 
theory, by which is meant, that all the people share in its 
administration; it is republican in form, that is, represen¬ 
tative. It is important to keep in mind that the Republic 
of the United States (is founded upon English ideas. 
Unless we recognize this fact, we shall fail to get a cor¬ 
rect conce])tion of onr government. 

The colonists had great experience in self-government 
before the federal constitution was formed. The idea 
of representative government was not new to them. They 
had been familiar for nearly two centuries with the prac¬ 
tical workings of representative government. In Con- 
necticnt in 1639, a constitution was prepared which 
contained the main provisions of the present constitution 
of the United States. In 1662 Connecticnt received a 
charter from Charles II. which contained the provisions 
of this early constitution. Rhode Island received a char¬ 
ter from the king in 1663, and after the state had been 
admitted to the Union, retained this charter as its consti¬ 
tution until the year 1842. Connecticnt retained her char¬ 
ter until the year 1818 as her constitution. 

Before the Revolution it was not the intention of the 
colonists to separate from the mother country, and they 
made their protest against the. ])olicies of the British 
parliament and king, on the ground that the colonists 
were Englishmen and entitled to the protection of the 
English law. 

The colonists ])ased their claims on Magna Charta, the 
Bill of Rights, the Petition of Rights, the Habeas Cor]ms 
Act, and the Common Law. The principles contained in 
all these great charters of English liberty the colonists 
insisted n]:)on. The Heclaration of Independence is a re¬ 
affirmation by the colonists, as Englishmen, of the princi- 


American Correspondence School of Law 


9 


pies contained in all these docnments. 

At the time of the Revolution there were three kinds of 
government in the colonies; the Provincial, Proprietary 
and Charter. The Provincial governments were New 
Hampshire, New York, New Jersey, Virginia, the Caro- 
linas and Greorgia. Each had a governor, and a council 
appointed by the king to advise the governor. The gover¬ 
nor could call a general assembly of the freeholders who 
formed the lower house, the council appointed by the 
king composed the upper house, and the governor could 
exercise the right to veto bills. 

The body so formed 430uld make local laws not in con¬ 
flict with the laws of parliament, and levy taxes. The 
governor also had the power to establish courts. 

Maryland, Pennsylvania and Delaware were proprie¬ 
tary governments, each acted under a patent from the 
king, granting lands to be colonized by certain persons. 
These proprietors administered the government by gov¬ 
ernors and a council appointed by the proprietors and an 
assembly chosen by the freeholders. 

The laws made by the legislatures so composed, in 
Pennsylvania and Delaware, were subject to the disap- 
}>roval of the crown. In Maryland this was not so. The 
legislature made the laws free from interference by the 
king. 

In Connecticut and Rhode Island the people elected 
their governors, and assemblies, and in their charters the 
king did not reserve the power to veto laws made by them. 
So in the beginning, Connecticut and Rhode Island were 
really two republics. These things are very important 
to Ire remembei'ed and considered, in a study of our con¬ 
stitution. Tlie experience which the colonists had in the 
administration of affairs, led the people along the right 
])aths towards free government. 

At the close of the Revolution a vast territory lying 
west of the Alleghany Mountains, and east of the Missis¬ 
sippi River came into the possession of the people of the 


10 


Lecture 


states. These lands had been held by New York, Massa¬ 
chusetts, Connecticut, and Virginia, under deeds patent 
from the king. The states holding these deeds ceded to 
the general government these large tracts of land. Con¬ 
gress while the constitutional convention was sitting, 
adopted an ordinance for the government of this terri¬ 
tory and assumed control of it. There never was a more 
signal exercise or assumption of sovereignty. 

The organization of the Northwest Territory was one 
of the most important steps toward the creation of the 
federal government. It was the first domain owned in 
common by all the states. The cession made by each of 
the four states, of land in this territory to the general 
government, was a significant recognition of the general 
government. By the surrender of their individual claims 
to this territory, the friction which had existed among 
the states laying claim, jmssed away. 

The constitution of the United States is the result of 
a study of the problems of government, by the people who 
came as colonists to these shores, and who have developed 
here to the fullest extent, the idea of representative gov¬ 
ernment. A study of the constitution is a review of the 
history of the people prior to the meeting of the constitu¬ 
tional convention. 

The New England town meeting was a source of great 
infiuence in developing the idea of self-government. 

The English law had always regarded colonists as civil 
corporations, and ])ower was given them to manage their 
business affairs. England did not realize that the colo¬ 
nies were really political organizations. The colonists 
availed themselves of every opportinrity to gain larger 
individual liberty and greater imlitical recognition. 

After the Revolution the ])eople knew that they must 
have a different and sti'onger government than had ex¬ 
isted under the Articles of Confederation or meet disas¬ 
ter. The Articles of Confederation had declared the 
association of the states to be, ‘‘A firm league of friend- 


American Correspondence School of Law 11 


ship.’^ But a league of friendsMp is not a government. 
The constitution of the United States became a necessity, 
in order to preserve what had been gained by the revolu¬ 
tion. The constitution grew out of the exigencies of the 
times, and we cannot understand the instrument without 
knowing the condition of the country at the close of the 
Revolutionary war. 

AVhen the treaty of peace had been signed, it would 
seem natural that the people should work together har¬ 
moniously to establish a government. For live years after 
the Revolution the people drifted away from law. Great 
confusion prevailed throughout the country. There were 
feuds between cities, between counties, between states, 
and the presence of troops was required to maintain 
peace. The struggle over the right of the states to emit 
hills of credit, produced financial distress. The question 
of boundary lines threatened open war. The Navigation 
Acts adopted, created bitterness among the people of the 
states. A strong government was required. In 1782 New 
^Ark asked congress to recommend to the states a general 
convention authorized to revise and amend the confeder¬ 
ation. Three years later the state receded from her 
})osition. 

Congress had many times asked permission from the 
states to allow it to establish and collect duties upon 
ini])orts. New York refused to grant the request. The 
way unexpectedly opened. Maryland had agreed with 
Virginia as to the right of each in the matter of the navi¬ 
gation of the Potomac River and the Chesapeake Bay, 
and suggested that Delaware and Pennsylvania be asked 
to join them in building a canal hetween tlie Chesapeake 
and Delaware Rivers. James Madison, member of the 
Virginia legislature, introduced a resolution which was 
adopted, ai)pointing commissioners of the State of Vir¬ 
ginia to meet commissioners appoinfed by other states ‘Mo 
take into consideration the trade of the United States, to 
examine the relative situation of trade of the said states. 


12 


Lecture 


to consider how far an uniform system in their commer¬ 
cial regulations may be necessary to their common inter¬ 
est and to their permanent harmony; and to report such 
an act to the several states relative to this great object 
which, when unanimously ratified by them, will enable the 
United States in congress to effectually provide for the 
sameU’ The commissioners from five states. New York, 
New Jersey, Pennsylvania, Delaware and Virginia met 
at Annapolis in September 1786. These commissioners 
sent a report to their states, and to the other states not 
represented, recommending a meeting of commissioners 
from all the states, in Philadelphia on the second Monday 
of May 1787, ‘‘to take into consideration the United 
States, to devise such further provisions as shall appear 
to them necessary to render the constitution of the federal 
government adequate to the exigencies of the Union.” 

Congress after hesitating, finally indorsed the recom¬ 
mendation, with this modification: “For the sole purpose 
of revising the Articles of Confederation.” 

The delegates to this convention to be held in Phila¬ 
delphia were instructed differently. North Carolina, 
New Hampshire, Delaware and Georgia instructed their 
delegates ‘‘to decide upon the most effectual means for 
removing the defects of the Federal Union.” Virginia, 
Pennsylvania and New Jersey instructed their delegates 
“for the purpose of revising the Federal Constitution.” 
The delegates from Massachusetts, Connecticut and New 
York were instructed to labor “for the sole and exjjress 
purpose of revising the Articles of Confederation.” The 
representatives from Maryland and South Carolina were 
authorized to work “to render the Federal Constitution 
entirely adequate to the actual situation.” 

Rhode Island refused to appoint commissioners. The 
convention met on the second day of May 1787. On the 
13th day of May a majority was present. Washington 
was elected president and the making of the constitution 
began in earnest. There were fifty-five delegates present. 


American Correspondence School of Laiv 


13 


They were men of noted ability. Madison is called the 
‘‘Father of the Constitution.” He was then the best 
constitutional lawyer in any country. Alexander Hamil¬ 
ton, a young man of keen intellect, was there to champion 
a strong government. Then there were Oliver Ellsworth, 
Hoger Sherman, James AVhlson, Charles C. Pinckney, 
Benjamin Franklin, Edmund Randolph, and many other 
noted men. 

Edmund Randolph of Virginia submitted the plan for 
a federal government, in fifteen resolutions. In his speech 
upon introducing the resolutions he used this language: 

“The confederacy was made in the infancy of the 
science of constitutions, when the inefficiency of requisi¬ 
tions was unknown; when no commercial discord had 
arisen among states; when no rebellion like that in Mas¬ 
sachusetts had l)roken out; when foreign debts were not 
urgent; when havoc of paper money had not been experi¬ 
enced; and when nothing better could have been conceded 
by states jealous of their own sovereignty. But it offered 
no security against foreign invasions, for congress could 
neitlier ])reyent noi* conduct a war, nor punish infractions 
of treaties, or of the law of nations, nor control particular 
states from provoking war. The federal government has 
no (constitutional ])ower to check a quarrel between sepa¬ 
rate states; nor to suppress a rebellion in any one of them; 
nor to counteract tlie commercial regulations of other 
nations; nor to defend itself against encroachments of the 
states. Fi*om the manner in which it has been ratified in 
many of the states, it cannot he claimed to be paramount 
to the state constitutions, so that there is a prospect of 
anarchy from the inherent laxity of the government. As 
the remedy, the government to be established must have 
for its basis the republican principle.” 

The words in the very last sentence of the above quota¬ 
tion “the republican principle” are of great significance. 
In the very beginning of the deliberations of the conven¬ 
tion the plan suggested of a federal government was 


14 


Lecture 


based on the representative idea,—‘‘the republican prin¬ 
ciple. ’ ’ 

The constitution creates three dejiartments of goyern- 
ment, the legislative, the executive and judicial. 

It is provided that all legislative powers shall be vested 
in a congress of the United States, which shall consist of 
a senate and house of representatives. The house of 
representatives is composed of members chosen every 
second year by the people of the several states. 

liepresentation is apportioned among the several states 
according to their resi)ective numbers, not to exceed one 
representative for every d(J,000 population, each 'state to 
have at least one representative. The first census was to 
be taken three years after the first meeting of congress, 
and within every ten years thereafter as prescribecl by 
law. 

Tlie representation of the first congress was fixed by 
the constitution as follows: New Hampshire 3, Massa¬ 
chusetts 8, Ivhode Island 1, Connecticut 5, New York G, 
New Jersey 4, Pennsylvania 8, Delaware 1, Maryland 6, 
Virginia 10, North Uarolina 5, South Carolina 5, Georgia 
3. 

The (jnalifieations of a representative in the house are: 
that he must be 1^5 yeai's of age, must have been seven 
years a citizen of the United States, and when he is 
elected, an inhal)itant of the state in which he shall be 
chosen. The constitution does not recpiire that a member 
of the house of re])resentatives should reside in the dis¬ 
trict which he is elected to represent. Vacancies in the 
bouse of representatives are to be filled by the executive 
authority of the state issuing a call for an election. 

Tlie house chooses its speaker and other officers and has 
the sole power of impeachment. The senate is composed 
of two senators from each state, chosen by the legislature 
for a term of six years, and each senator has one vote. 

On the question of re])resentation in the senate, a great 
division arose in the constitutional convention. The small 


American Correspondence School of Law 15 


states were jealous of the power of the large states. Mr. 
Patterson of New Jersey offered a plan to secure ‘‘fed¬ 
eral equality.” By its adoption the smaller states were 
given equal representation in the senate. 

The qualifications of a senator are that he must have 
reached the age of thirty years, and been nine years a 
citizen of the United States, and an inhabitant of the state 
which he is chosen to represent. The senate choses its 
officers, except the presiding officer, who by the constitu¬ 
tion is vice-president of the United States. In the ab¬ 
sence of the vice-president, the president pro tempore 
elected by the senate presides. 

The senate has the power to try all impeachments sit¬ 
ting as a court. When the president of the United States 
is tried the chief justice shall preside. A two-thirds vote 
of the members present is required to convict. 

A judgment in cases of impeachment shall not extend 
further than to removal from office and disqualification to 
thereafter hold office under the United States; but the 
[larties shall be liable to indictment and punishment, 
according to law. 

The times, places and manner of holding elections for 
senators and representatives is fixed by the legislature 
in each state. Congress may alter such regulations, 
except as to the ])lace of choosing senators. Congress 
must meet at least once in each year on the first Monday 
in December, unless they shall by law appoint a different 
day. Each house is the judge of the election, returns, and 
qualidelations, of its own members. A majority of each 
house constitutes a quorum to do business; but a smaller 
number may adjourn from day to day, and may compel 
the attendance of absent members. 

Ea(‘P house determines the rules of its proceedings, 
may punish members for disorderly behavior, and by a 
two-thirds vote may expel a member. Each house must 
keep a journal of its proceedings, and from time to time 
publish it. The yeas and nays of the members of each 


16 


Lecture 


house, may be called for at the request of one-fifth of the 
members present to be entered on the journal. Neither 
house during the session of congress shall adjourn for 
more than three days, without the consent of the other, 
nor to any other place than that in which the two houses 
shall be sitting. xVll bills for raising revenue must origi¬ 
nate in the house of representatives, but the senate may 
propose amendments. 

When a bill has passed both houses, before it becomes 
a law it must be presented to the president of the United 
States; if he approves he shall sign it, if not he shall 
return it stating his objections. The house to which it 
is returned, may by a two-thirds vote pass the bill over 
the president’s veto, and send the bill to the other house; 
if it shall aiiprove the bill by a two-thirds vote, it be¬ 
comes a law. The vote must be taken by a call of yeas 
and nays, if a hill is not returned by the president within 
ten days (Sundays excepted) after it shall have been pre¬ 
sented to him, it becomes a law without his signature, un¬ 
less congress by adjournment prevents its return, in 
which case it does not hecome a law. 

Article 1 section 1 of the constitution, grants to con¬ 
gress power: To lay and collect taxes, duties, imposts 
and excises, to pay the debts and provide for the common 
defence and general welfare of the United States. 

To borrow money on the credit of the United States. 

To 1 ‘egulate commerce with the foreign nations, and 
among the seveinl states, and with the Indian tribes. 

To establish an uniform rule of naturalization, and uni¬ 
form laws on the subject of bankruptcies. 

To coin money, regulate the value thereof, and of 
foreign coin, and fix the standards of weights and meas¬ 
ures. 

To provide for the ]mnishment of counterfeiting. 

To establish ]>ost-orfices and post-roads. 

To promote the progress of science and useful ari.s, 
by securing for limited times, to authors and inventors, 
the exclusive right to their writings and discoveries. 


American Correspondence School of Latu 17 


To constitute tribnnals inferior to tlie.8n})reme Court. 

To dec'lare war, grant letters of marque and reprisal. 

To raise and siq^poid armies. 

To provide and maintain a navy. 

To make rules for tlie government of the land and 
naval forces. 

To ])rovide for calling forth the militia. 

To execute the laws of the union, sup|)ress insurrection 
and repel invasion. 

The executive ])ower is vested in a president whose 
term of office is four years. Each state a])points electors 
equal in nninher to the whole nnmher of senators and 
representatives of that state in congress. The people 
vote directly for electors, they in turn vote for a i)resident 
and vice-i)resident. 

The judicial power of the United States is vested in 
one Supreme Court and in such inferior courts as con¬ 
gress may ordain and establish. 

Tn Article 3, section 1, it is provided that the judicial 
power of the United States shall extend to all cases in law 
and equity arising under the constitution, the laws of the 
United States, and treaties made under their authority; 
to all cases iiffecting ambassadors, other public ministers 
and consuls; to cases of admiralty and maritime juris¬ 
diction ; to controversies in which the United States shall 
be a party; to controversies between two or more states; 
between a state and citizens of another state; between 
citizens of different states, between citizens of the same 
state claiming lands imder grants of different states, and 
between a state or the citizens thereof, and foreign states, 
citizens or subjects. 

The eleventh amendment provides that the judicial 
power of the United States shall not be construed to ex¬ 
tend to any suit in law or equity prosecuted against one 
of the United States by citizens of another state, or by citi¬ 
zens or subjects of any foreign state. This amendment 


18 


Lecture 


grew out of a decision of the Sui)reiiie Court in 1793, in 
the case of (diisholni vs. The State of (leorgia, holding 
that a state could l)e sued by a citizen of another state. 

The ninth and tenth aiuendments declare more defi¬ 
nitely the rights of the people, and the powers reserved 
to the several states. 

The thirteentli, fourteenth and tifteenth amendments 
more positively de(*lare the powers helonging exclusively 
to the United States. 

The ninth and tenth amendments act as limitations 
upon the general government; the thirteenth, fourteenth 
and fifteenth amendments are limitations uj)on the powers 
of the states. 

Under the Articles of (Confederation the general gov¬ 
ernment was considered the agent of the states. The fed¬ 
eral government created hy the constitution establishes 
the supremacy of the nation. 

The constitution was not 'Su1)mitted to the legislatures 
of the states for adojitiou, hut was ratified l)y conventions 
of the people in the thirteen original states. 

The powers of the national government are separated 
from the powei's of the state governments. The national 
government cmmot interfere with, control or oppress the 
state governments. The power of the Nation is central¬ 
ized, and should l)e in order to make it adequate to 
national control. 

Each state elects manv executive officers, governoi*, 
lieutenant governor, auditor of pul)lic accounts, treas¬ 
urer, secretary of state, and others, but there are only two 
officers of the national government elected l)y the peo])le, 
the yrresident and vice.-president. All other officers who 
administer the law are appointed. 

The president has no authority over the governor of a 
state. The powers of congress are limited to the express 
grant in the constitution, and the implied powers arising 
naturally out of the express powers. Congress, and no 
legislature enforces the laws they make. The executive 


American Correspondence School of Law 19 


power adniiiii'sters the law. The courts neither make, nor 
administer the law. They interpret and construe it. 

No sini>]e person has or can exercise much power, (yon- 
gress and the legislatures are a check upon the executive, 
(^ongress or a legislature cannot })ass op[)ressive meas¬ 
ures. The executive and court are checks u])on legisla¬ 
tion. The courts ('.an only decide cases brought before 
them. 

The power of amendment provided for in the constitu¬ 
tion affords a means to c'orrect any real defects, or remedy 
any abuses, and takes away any temptation to revolution. 

Congress can make no' law respecting religion, either 
to estahlisli it, or to prohiliit its free exercise. Nor can 
congress abridge, the freedom of the press, or the right 
of the peo})Ie ])eacea})ly to assemlile and to petition the 
government for redress of grievances. These are great 
securities of liberty. They are great guaranties of peace 
and hap])iness to all the people. 

A government making such guarantees, and vouchsaf¬ 
ing such full liberties has the love of the people, and their 
obedience. ’ 

Tlie framers of the constitution knew that if the people 
loved the government, they would obey and keep its laws. 
Religious and civil liberty are both necessary to govern¬ 
ment. Progress has not been made without these two 
great factors working together in history. 

The constitution is based upon individual integrity, 
and public righteousness. These fundamental principles 
prevail in every line of the instrument. The love of lil)- 
ert\", and not the love of power, permeates its provisions. 
Iversons pass away, people live. The constitution guards 
the rights of the people. 

Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, 
giving them aid and comfort. 

Article 6, section 1, of the constitution provides that: 
Full faith and credit shall be given in each state to the 


20 


Lecture 


public acts, records and judicial proceedings of every 
other state. 

Article 6, section 2, provides that: The citizens of each 
state shall be entitled to all the i)rivileges and immunities 
of citizens in the several states. NeAV states may be ad¬ 
mitted into the Union, l)nt no new state shall be formed 
within the jurisdiction of any other state, nor by the con¬ 
junction of two or more states or ])arts of states, without 
the consent of the legislatures of the states concerned 
and of congress. 

A re}>nblican form of government is guaranteed by the 
constitution to the several states. 

Amendments may be made to the constitution in two 
ways: Congress shall, when two-thirds of both houses 
deem it necessary, propose amendments, or on the a])pli- 
cation of the legislatures of two-thirds of the several 
states, call a convention to propose amendments, which if 
ratified by the legislatures of three-fourths of the several 
states, or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may l)e proposed 
by congress, shall become valid and binding as a part of 
the Constitution. 

f 

The Constitution ])rovides that no state shall make any 
law impairing the obligation of contracts. 

Great objection was made to the ado])tion of the (Con¬ 
stitution in several of the states, 1)ecause it did not (*on- 
tain a bill of rights. Tn 1789, two years after the consti¬ 
tution had been made and the government organized 
thereunder, ten amendments were pro))osed and ratified, 
these constitute the bill of rights in the constitution, or 
strictly speaking the first eight amendments are the l)ill 
of rights. 

The framers of the constitution drew largely from his¬ 
tory in making the constitution, but there are in it some 
new principles. One of these is that the government of 
the United States under the constitution is to operate 
upon individuals and not upon states. Another is that 


American Correspondence School of Law 21 

the government of the-United States shall be a govern¬ 
ment by law and not by men. 

The principle that the judicial department may pass 
upon the validity of the acts of the legislature, is entirely 
new. An act of parliament is law until it is repealed. An 
act of congress not in conformity with the constitution is 
not a law. 

The constitution established -the Union. The states were 
not placed side by side simply, but they coalesced, form¬ 
ing ‘^a more perfect union.” The constitution is not a 
mere compact between the states, it is the will of all the 
people. The Union cannot be dissolved. The states can¬ 
not be destroyed. 

It will grow upon the student as he considers the rea¬ 
sons for the making of the constitution, and learns from 
a careful analysis of the constitution, how it provides by 
its express powers, and by its implied powers, for an en¬ 
during government. 

The preamble to the constitution recites six reasons 
for making the constitution as follows: “We, the people 
of the United States, in order to form a more perfect 
Union, establish justice, insure domestic tranquility, pro¬ 
vide for the common defence, promote the general wel¬ 
fare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this constitution, 
for the United States of America.” 

The members of the constitutional convention in the 
spirit of the lofty principles of this preamble, and with 
the great purpose of “raising a standard high to which 
all the people might repair,” constructed this immortal 
document. 










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